plea of insanity

A bad acid trip in Orem, Utah ended in one man missing an ear and the other facing charges for attempted murder with a meat cleaver.

LSD and weapons

Photo by: Jordi Sabaté

30 year old Mackenzie Ulibarri and 27 year old Jordan Smith were allegedly tripping on acid together when an altercation broke out between the two roommates. Reports state Ulibarri was upset with Smith being loud and echoing the same phrases repeatedly. The way these mannerisms were viewed was likely to be enhanced due to the effects of the hallucinogens and Ulibarri claimed to be scared by his roommate’s behavior. He then fired a weapon at Smith and when that didn’t work, he attacked him with a meat cleaver. Smith suffered several injuries, including one of his ears being detached completely. Ulibarri was arrested on multiple charges including attempted murder.

Attempted murder

Utah Code 76-4-102 states “Criminal attempt to commit [murder] . . . is a first degree felony punishable by imprisonment for an indeterminate term of not fewer than three years and which may be for life”. Utah Code 76-4-101 adds “a person is guilty of an attempt to commit a crime if he:

(a) Engages in conduct constituting a substantial step toward commission of the crime; and
(b) (i) Intends to commit the crime; or
(c) (ii) When causing a particular result is an element of the crime, he acts with an awareness that his conduct is reasonably certain to cause that result.”

Awareness while hallucinating?

When an individual is under the influence of a hallucinogen such as LSD, there is usually little to no awareness of reality. The National Institute on Drug Abuse states: “some hallucinogens interfere with the action of the brain chemical serotonin, which regulates:

With such an overall effect on a person’s physical, mental, and emotional state, it is not surprising to note that someone tripping on acid may not have the awareness necessary to know what they are doing or what the consequences of their actions may be.

Temporary, yet voluntary insanity

When someone makes the conscious choice to partake in a substance known to skew a person’s reality or decision-making skills even to the point of making them temporarily insane, they are also taking the responsibility of any criminal activity they may perform while under the influence of that substance. According to Utah Code 76-2-305, “It is a defense to a prosecution under any statute or ordinance that the defendant, as a result of mental illness, lacked the mental state required as an element of the offense charged. . .[however] A person who asserts a defense of insanity or diminished mental capacity, and who is under the influence of voluntarily consumed, injected, or ingested alcohol, controlled substances, or volatile substances at the time of the alleged offense is not excused from criminal responsibility on the basis of mental illness if the alcohol or substance caused, triggered, or substantially contributed to the mental illness.”

Criminal defense

Those individuals who are facing charges stemming from criminal actions while under the influence of alcohol or drugs such as hallucinogens are encouraged to seek legal counsel from an experienced attorney who can help find valid defense opportunities pertinent to each specific case.